@article{Wulf2014, author = {Wulf, Alexander J.}, title = {Institutional Competition of Optional Codes in European Contract Law}, series = {European Journal of Law and Economics}, volume = {38}, journal = {European Journal of Law and Economics}, number = {1}, pages = {139 -- 162}, year = {2014}, abstract = {The Common European Sales Law (CESL) is the European Commission's most recent policy initiative for European contract law. It aims to address the problem that differences between the national contract laws of the Member States may constitute an obstacle for the European Internal Market. This paper develops a model of the institutional competition in European contract law and uses it to addresses the question as to whether an optional European contract code and the CESL are economically desirable for European contract law. To do so I examine the transaction costs involved in the process of choosing an applicable law that European businesses face when they conduct cross-border transactions in the European Internal Market. I then describe how these transaction costs shape the competitive environment, i.e. what I refer to as the "European market for contract laws" in which the contracting parties choose a law to govern their cross-border contracts. Having identified this environment and the competitive forces operating within it, I propose a model, the "Cycle of European Contract Law". I use this model to analyze the competitive processes that take place in the European market for contract laws. Based on my results I make recommendations for the optimal implementation of an optional European contract code and the CESL in European contract law.}, language = {en} } @article{Wulf2013, author = {Wulf, Alexander J.}, title = {Global Perspectives on Risk Taking Behaviour: using Focused Ethnography to Study Managerial Behavior}, series = {Proceedings of the Conference on Research Opportunities for Ethnomethodology}, journal = {Proceedings of the Conference on Research Opportunities for Ethnomethodology}, pages = {126 -- 127}, year = {2013}, abstract = {Keine Angabe - No details}, language = {en} } @article{Wulf2012, author = {Wulf, Alexander J.}, title = {An Evaluation of some Critical Points in the European Commission's Impact Assessment accompanying the Proposal for a Regulation on a Common European Sales Law}, series = {Responses to the Call for Evidence on the Common European Sales Law}, journal = {Responses to the Call for Evidence on the Common European Sales Law}, pages = {1 -- 2}, year = {2012}, abstract = {Keine Angabe - No details}, language = {en} } @inproceedings{Wulf2012, author = {Wulf, Alexander J.}, title = {The Common European Sales Law: an Empirical Analysis}, series = {2nd Annual Western Empirical Legal Studies (WELS) Conference, Los Angeles}, booktitle = {2nd Annual Western Empirical Legal Studies (WELS) Conference, Los Angeles}, pages = {1 -- 31}, year = {2012}, abstract = {Keine Angabe - No details}, language = {en} } @book{Wulf2011, author = {Wulf, Alexander J.}, title = {Risk and Happiness: an Investigation of the Social and Legal Norms Governing Risk-Taking and Innovative Behavior: a Study on Japanese Businessmen}, publisher = {SRH Berlin University of Applied Sciences}, pages = {120}, year = {2011}, abstract = {Keine Angabe - No details}, language = {en} } @article{Wulf2010, author = {Wulf, Alexander J.}, title = {Case Decisions on the Convention on the Contract for the International Carriage of Goods by Road (CMR)}, year = {2010}, abstract = {Keine Angabe - No details}, language = {en} } @incollection{Wulf2014, author = {Wulf, Alexander J.}, title = {Privatizing Law-Making: an Economic Analysis of Non-Governmental Law-Making in the Field of Contract Law}, series = {Das Publicness-Puzzle: {\"O}ffentliche Aufgabenerf{\"u}llung zwischen Staat und Markt}, booktitle = {Das Publicness-Puzzle: {\"O}ffentliche Aufgabenerf{\"u}llung zwischen Staat und Markt}, publisher = {BWV}, address = {Berlin}, publisher = {SRH Berlin University of Applied Sciences}, pages = {401 -- 410}, year = {2014}, abstract = {Keine Angabe No details}, language = {en} } @article{BabaogluWulf2015, author = {Babaoglu, Basak and Wulf, Alexander J.}, title = {Decriminalizing the Issuance of Bad Checks in Turkey: an Analysis of the Effects of Changes in Penalties}, series = {European Journal of Law and Economics}, volume = {42}, journal = {European Journal of Law and Economics}, number = {1}, pages = {5 -- 23}, year = {2015}, abstract = {The aim of this study is to carry out an economic analysis of the consequences that arose following the decriminalization of the issuance of bad checks in Turkey. In our statistical analysis we examined the legal situation of bouncing checks in three periods: before 2009 when the issuance of bad checks was subject to imprisonment, between 2009-2012 when a partial decriminalization took place and between 2012-2014 when the issuance of bouncing checks was fully decriminalized and penalties were reduced to only administrative fines. We test the hypotheses that partial or full decriminalization led to a rise in the number of bad checks in Turkey. We find that there is no statistical evidence for an association between the first, modest step of the decriminalization process (Law No. 5941) and the frequency with which checks bounced in Turkey. However, full decriminalization of bouncing checks (Law No. 6273) led to an increase in the frequency of bad checks. We also find that the establishment of a Risk Center by the Bank Association of Turkey helped to identify customers not worthy of credit and was successful in decreasing the frequency of bad checks. We conclude that in the case of Turkish check law imprisonment was more effective in deterring writers of bad checks than the administrative and civil sanctions that are now in place. Nonetheless, private credit screening efforts also promoted the targeted policy goal of limiting the number of bad checks in Turkey.}, language = {en} } @article{Wulf2015, author = {Wulf, Alexander J.}, title = {Rechtskompetenz als Teil unternehmerischer F{\"u}hrungsqualit{\"a}t: Reformvorschl{\"a}ge f{\"u}r ein Studium des Rechts in den Wirtschaftswissenschaften}, series = {Zeitschrift f{\"u}r Didaktik der Rechtswissenschaft}, volume = {2}, journal = {Zeitschrift f{\"u}r Didaktik der Rechtswissenschaft}, number = {1}, pages = {20 -- 40}, year = {2015}, abstract = {Das Studium der Rechtswissenschaften ist als eigenst{\"a}ndiger Bestandteil in den meisten deutschen Studieng{\"a}ngen der Wirtschaftswissenschaft fest verankert. Der Aufsatz hat zum Ziel, die Inhalte und Lehrmethoden kritisch zu pr{\"u}fen, die mehrheitlich in den juristischen Pflichtveranstaltungen im Wirtschaftsstudium verwendet werden. Sowohl Inhalte als auch Methoden der Lehre werden in der Regel aus der Ausbildung der Volljurist/innen {\"u}bernommen. Ob aber Verfahren der Lehre, die f{\"u}r die Ausbildung von Jurist/innen entwickelt worden sind, uneingeschr{\"a}nkt auch f{\"u}r Wirtschaftswissenschaftler/innen geeignet sind, wurde im deutschsprachigen Raum bisher kaum diskutiert. Im Weiteren wird gezeigt, zu welchen Problemen die unreflektierte {\"U}bernahme von Lehrinhalten und Lehrmethoden ohne zielgruppengerechte Anpassung f{\"u}hrt. Auf dieser Basis wird ein Vorschlag f{\"u}r die praxisorientierte Lehre rechtswissenschaftlicher Inhalte entwickelt. Es gilt, die in den Rechtswissenschaften bew{\"a}hrten Konzepte der Lehre den Bed{\"u}rfnissen der Wirtschaftswissenschaftler/innen anzupassen und weiterzuentwickeln. Danach werden der rechtliche Lebenszyklus eines Unternehmens und Management-Fallstudien zu rechtlichen Problemen als didaktische Modelle vorgestellt und praktische Fragen der Lehre diskutiert. Ziel ist es, die Studierenden f{\"u}r die rechtlichen Probleme zu sensibilisieren, die in der betrieblichen Praxis von Bedeutung sind, und ihnen Kompetenzen zu vermitteln, mit deren Hilfe sie die in ihrem sp{\"a}teren beruflichen Alltag auftretenden Probleme erfolgreich bew{\"a}ltigen k{\"o}nnen.}, language = {de} } @article{Wulf2015, author = {Wulf, Alexander J.}, title = {Uncertainty as a Challenge for Leadership: the Effect of Cultural, Social and Legal Institutions on Risk-Taking and Innovation in Family Business}, series = {Paragrana}, volume = {24}, journal = {Paragrana}, number = {1}, pages = {80 -- 93}, year = {2015}, abstract = {This essay develops an entrepreneur-oriented theory of risk-taking and innovation that is used to examine the different leadership styles of family business owners. This theory is based on the works of Schumpeter, who mainly focussed on the potential of supply in the competition for innovation, and the works of Hayek, who emphasized the importance of demand in this competition. By combining these two theories, a comprehensive understanding of economic innovation processes is presented. In the subsequent empirical section of the essay, these theoretical ideals of supply-oriented and demand-oriented innovators will be examined for what they look like in practice. Data from India and Japan is analysed in this explorative empirical research to examine the influence of cultural, social and legal norms on entrepreneurial risk-taking and innovation behaviour. The perspectives on "foreign cultures" expand our understanding of management in a way that encourages innovation- friendly entrepreneurship.}, language = {en} } @misc{Wulf2012, author = {Wulf, Alexander J.}, title = {The Common European Sales Law: an Empirical Analysis}, url = {http://nbn-resolving.de/urn:nbn:de:0298-opus4-9210}, year = {2012}, abstract = {On October 11th 2011 the European Commission proposed a Common European Sales Law (CESL) for the European Union. One of the main aims of this optional instrument is to help businesses to avoid the complexity associated with dealing with multiple mandatory provisions of their customers' home jurisdictions. In this study I used one of the datasets published by the European Commission to predict the characteristics of businesses that would have benefited from the introduction of the CESL. I also test whether the CESL would be an effective measure for addressing some of the legal barriers that the Commission intends to overcome. My results provide support for the Commission's claim that the adoption of a Common European Sales Law would benefit some businesses and that it would allow them to improve their operations on the European internal market. However, the CESL may not be effective as a measure for overcoming all of the legal barriers that the Commission intended to address with its proposal.}, language = {en} } @article{Wulf2016, author = {Wulf, Alexander J.}, title = {Law as Part of Managerial Skills}, series = {Asian Journal of Legal Education}, volume = {3}, journal = {Asian Journal of Legal Education}, number = {2}, pages = {1 -- 16}, year = {2016}, abstract = {Law is firmly established as an integral and independent component of most business and economics degree courses. The objective of this article is to examine the contents and teaching methods generally employed in the law courses required for degrees in business and economics. As a rule both the contents and the teaching methods are adopted from degree courses for law students. However, to date there has been little discussion as to whether teaching procedures that have been developed for law students are also suitable for business and economics students. The article shows what problems can arise if course contents and teaching methods are adopted without reflection and without adapting them to the needs of the target group. This overview is then taken as a basis for a proposal as to how the content of law courses can be taught in a practice-oriented way, adapting and further developing the curricula that have proved suitable for law students to the needs of students of business and economics. The use of presentations of the legal life cycle of business organisations and discussions of management case studies on legal problems as didactic models are introduced and practical teaching issues are discussed. The aim is to raise students' awareness of the legal problems that are important in running a company and to teach them skills that they can later use to deal with problems in their daily work.}, language = {en} } @article{Wulf2016, author = {Wulf, Alexander J.}, title = {The Contribution of Empirical Research to Law}, series = {The Journal Jurisprudence}, volume = {29}, journal = {The Journal Jurisprudence}, publisher = {The Elias Clark Group}, address = {Melbourne, Australia}, pages = {29 -- 49}, year = {2016}, abstract = {Over the last decade empirical legal studies have become a popular subfield of legal research. Legal scholars have increasingly begun to employ social science research methods in their attempts to provide answers to research questions in the field of law. The goal of empirical legal research is to make a contribution to all subjects and phenomena that are of interest to law and for which no methods have previously been available. The use of empirical methods in legal science can lead to results that cannot be achieved by the methods of traditional law research. The ultimate aim of the approach is to contribute to a systematic understanding of our legal system based on empirical data. In this article I give an overview of the development of empirical legal studies as an independent subfield of legal research, followed by an introduction to two popular studies to illustrate the potential and limitations of this new field of research. I then discuss some controversial topics such as the widespread view that empirical research is objective and value-free, the relevance of methodological problems and the problem of over-simplification of the complexity of legal issues. I conclude with a look at future prospects for empirical legal research.}, language = {en} } @incollection{Wulf2016, author = {Wulf, Alexander J.}, title = {F{\"u}hrungsstile und Innovationsverhalten in Familienunternehmen. Wie rechtliche, soziale und kulturelle Institutionen das Innovationsverhalten von Managern pr{\"a}gen}, series = {Herausforderung Management}, booktitle = {Herausforderung Management}, publisher = {Heidelberger Hochschulverl.}, address = {Heidelberg}, isbn = {978-3-942648-15-8}, publisher = {SRH Berlin University of Applied Sciences}, pages = {32 -- 48}, year = {2016}, abstract = {Keine Angabe - No details}, language = {de} } @incollection{Wulf2015, author = {Wulf, Alexander J.}, title = {Risk-taking and entrepreneurship in India. Implications of social and cultural norms for poverty alleviation policies}, series = {Exploring alterity in a globalized world}, booktitle = {Exploring alterity in a globalized world}, publisher = {Routledge}, address = {London}, isbn = {978-1-138-99898-8}, publisher = {SRH Berlin University of Applied Sciences}, pages = {441 -- 453}, year = {2015}, abstract = {The aim of this study is to contribute towards developing an in-depth theory of the social and cultural norms that govern risk-taking and innovative behaviour in India, a field in which there has been little research to date. Qualitative data on this aspect of Indian entrepreneurial culture were collected in the Bangalore, Chennai, Delhi and Mumbai industrial regions. The study is mainly based on qualitative expert interviews and participant observation of entrepreneurs. The chapter introduces the whole study and presents first findings from an in-depth analysis of the risk-taking behaviour of two Indian managers. The chapter is part of a larger comparative study whose aim is to compare the social norms that govern risk-taking behaviour in India, Japan and Germany.}, language = {en} } @article{VoigtWulf2017, author = {Voigt, Stefan and Wulf, Alexander J.}, title = {What Makes Prosecutors Independent? - Analyzing the Determinants of the Independence of Prosecutors}, series = {Journal of Institutional Economics}, journal = {Journal of Institutional Economics}, url = {http://nbn-resolving.de/urn:nbn:de:0298-opus4-11402}, pages = {1 -- 30}, year = {2017}, abstract = {The prosecution of criminal suspects is an integral part of a country's justice system. While substantial scholarly attention has been devoted to the study of the police and judges and their relevance to the rule of law, surprisingly little is known about prosecutors. The aim of this paper is to contribute towards filling this knowledge gap. We first demonstrate the rising importance of prosecutors for criminal justice systems around the world. We identify the independence of prosecution agencies from the other two branches of government as a centrally important characteristic and then proceed to analyze the determinants of de facto prosecutorial independence from a political economy perspective. We find that press freedom, the immunity of parliamentarians and belonging to the common law tradition are positively associated with higher de facto independence.}, language = {en} }